Court Officers' Fraud and Corruption Advanced Course
Session 3: Procedural Fairness, Case Management Practices and Security Considerations
Part 1 Procedural Fairness - Presentation by Jodie Burns, Judicial Registrar of Federal Court of Australia, and Shemi Joel, Registrar of Vanuatu Supreme Court on Procedural Fairness, at the Advanced Managing and Reporting on Fraud and Corruption Cases Workshop held in Honiara 18-20 June 2024.
The presentation discusses:
- Definition of procedural fairness
- Bias rule
- Evidence rule
- Hearing rule
- Role of court officers in ensuring procedural fairness
- Self-represented litigants
Part 2 Case Management Practices - Presentation by Alicia Ditton, Judicial Registrar of Federal Court of Australia, and Victoria Belo, Assistant Registrar Crimes, National Court of PNG on Strategies for managing fraud and corruption cases in our Courts at the Advanced Managing and Reporting on Fraud and Corruption Cases Workshop held in Honiara 18-20 June 2024.
The presentation covers:
- Case management practices
- Key issues faced
- Key strategies to address these issues
- The PNG experience – a case management example
- PNG – Electoral fraud and official corruption
- Role of court officers
Part 3 Security Considerations across the courts
Important questions regarding security considerations
- Personal security
- What arrangements exist in your courts?
- Have there been any threats against court staff?
- Have court staff ever felt unsafe at work?
- Document security and security of exhibits
- How is confidential information managed in your court?
- Does your court deal with protected documents?
- What are the challenges around keeping documents and information secure?
- Arrangements for protected witnesses
- How does your court deal with vulnerable or protected witnesses?
- What are the challenges in meeting witness needs?
- How do we ensure procedural fairness while also respecting the dignity of witnesses?
Presentation
- Procedural Fairness presentation | (PDF, 480KB)
- Strategies for managing fraud and corruption cases in our Courts presentation | (PDF, 472KB)
Learning Activity
- Procedural Fairness Case Scenario (PDF, 138KB)
- Procedural Fairness Case Scenario – suggested responses (PDF, 465KB)
- Case Management Practices Case Scenario (PDF, 149KB)
- Case Management Case Scenario – suggested responses (PDF, 175KB)
Readings
- International Finance Trust Company Ltd v New South Wales Crimes Commission (2009) 240 CLR 319
- Criminal Code Act 1974 PNG
- Criminal Practice Rules 2022 PNG
Additional Resources
- Independent Commission Against Corruption (ICAC) PNG
- National Fraud and Anti-Corruption Directorate (NFACD)
- Whistleblower Act 2020 PNG
- Wallace, A, Blackman, D and Rowden E, International Journal for Court Administration, Reconceptualizing Security Strategies For Courts: Developing A Typology For Safer Court Environments
